Section 10270.98 Of Article 1. Scope Of Chapter And Definitions From California Insurance Code >> Division 2. >> Part 2. >> Chapter 4. >> Article 1.
10270.98
. Group disability policies may provide, among other
things, that the benefits payable thereunder are subject to reduction
if the individual insured has any other coverage (other than
individual policies or contracts) providing hospital, surgical or
medical benefits, whether on an indemnity basis or a provision of
service basis, resulting in such insured being eligible for more than
100 percent of the covered expenses.
Except as permitted by this section and by Section 10323, 10369.5,
10369.6, or 11515.5, and except in the case of group practice
prepayment plan contracts which do not provide for coordination of
benefits, to the extent they provide for a reduction of benefits on
account of other coverage with respect to emergency services that are
not obtained from providers that contract with the plan, no group or
individual disability insurance policy or service contract issued by
nonprofit hospital service plans operating under Chapter 11A
(commencing with Section 11491) of Part 2 of Division 2 shall limit
payment of benefits by reason of the existence of other insurance or
service coverage.
The policy provisions authorized by this section shall contain a
provision that payments of funds may be made directly between
insurers and other providers of benefits. Such policy provisions
shall also contain a provision that if benefits are provided in the
form of services rather than cash payments the reasonable cash value
of each service rendered shall be deemed to be both an allowable
expense and a benefit paid. The reasonable cash value of any
contractual benefit provided to the insured in the form of service
rather than cash payment by or through any hospital service
organization or medical service organization or group-practice
prepayment plan shall be deemed an expense incurred by the insured
for such service, whether or not actually incurred, and the liability
of the insurer shall be the same as if the insured had not been
entitled to any such service benefit, unless the policy contains a
provision authorized by Section 10323, 10369.5 or 10369.6 in the case
of an individual disability policy, or by this section, in the case
of a group disability policy.
This section shall not be construed to require that benefits
payable under group disability policies be subject to reduction by
the benefit amounts payable under Chapter 3 (commencing with Section
2800) of Part 2 of Division 1 of the Unemployment Insurance Code.
The provisions of this section, and all regulations adopted
pursuant thereto pertaining to coordination of benefits with other
group disability benefits, shall apply to all employers,
labor-management trustee plans, union welfare plans (including those
established in conformity with 29 U.S.C. Sec. 186), employer
organization plans or employee benefit organization plans, health
care service plan contracts, pursuant to regulations adopted by the
Director of the Department of Managed Health Care which shall be
uniform with those issued under this section for those plans that
elect to coordinate benefits, group practice, individual practice,
any other prepayment coverage for medical or dental care or
treatment, and administrators, within the meaning of Section 1759 not
otherwise subject to the provisions of this section whenever such
plan, contract or practice provides or administers hospital,
surgical, medical or dental benefits to employees or agents who are
also covered under one or more additional group disability policies
which are subject to this section or health care service plans.